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Education (Miscellaneous Provisions) Act (Northern Ireland) 1952

This is an Act of the Northern Ireland Parliament (not the UK Parliament in Westminster). It is chapter 17 for the year 1952.

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Education (Miscellaneous Provisions) Act (Northern Ireland) 1952

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[unnumbered page]

Education (Miscellaneous
Provisions) Act
(Northern Ireland), 1952

[1952. Ch. 17.]

ARRANGEMENT OF SECTlONS.

Section.

1. Provision of transport and payment of travelling expenses.

2. Dates for school attendance.

3. Contracts for certain types of building.

4. Rates of salary for certain teachers.

5. Expenses.

6. Interpretation.

7. Short title, construction and citation.


[page 1]

1 Eliz. 2

1952. Chapter 17.

An Act to amend sections fifty-one and one hundred and ten of the Education Act (Northern Ireland), 1947; to provide for the making of contracts for certain types of building; to enable the Ministry of Education to give effect to the report of a committee appointed to consider teachers' salaries; and for purposes connected with the matters aforesaid.

[3rd July, 1952.]

BE it enacted by the Queen's most Excellent Majesty, and the Senate and the House of Commons of Northern Ireland in this present Parliament assembled, and by the authority of the same, as follows:-

Provision of transport and payment of travelling expenses.

1.-(1) For sub-sections (1), (2) and (3) of section fifty-one of the principal Act there shall be substituted the following sub-sections:-

"(1) A local education authority shall, with the approval of the Ministry, make such arrangements for the provision of transport and otherwise as they consider necessary for the purpose of facilitating the attendance of pupils at -
(a) any grant-aided school; or
(b) any course or class provided in pursuance of a scheme of further education.

[page 2]

(2) Any transport provided in pursuance of any arrangement made under sub-section (1) of this section shall be provided free of charge.

(3) A local education authority may, with the approval of the Ministry, pay the whole or any part of the reasonable travelling expenses of any pupil in attendance at-

(a) any grant-aided school;
(b) any institution as the holder of a scholarship awarded in accordance with a scheme framed by the authority and approved by the Ministry under section seventy-six of this Act ; or
(c) any course or class provided in pursuance of a scheme of further education".

1951, c. 10

(2) Section three of the Education (Amendment) Act (Northern Ireland). 1951, is hereby repealed.

Dates for school attendance.

2. In sub-section (2) of section one hundred and ten of the principal Act, for the words "any particular age until the prescribed date next succeeding the date upon which he attained that age" there shall be substituted the words:-

"(a) the lower limit of compulsory school age until the date prescribed for commencing school attendance next succeeding the date on which the child attained the age fixed as that limit;
(b) the upper limit of compulsory school age until the date prescribed for terminating school attendance next succeeding the date on which the child attained the age fixed as that limit",
Contracts for certain types of building.

3.-(1) This section applies to -

(a) a local education authority exercising any of their functions under the principal Act;
(b) a local authority exercising any of their functions under the Youth Welfare, Physical Training and Recreation Acts (Northern Ireland), 1938 to 1947.

[page 3]

(2) Where it appears to the Ministry of Education (in this Act referred to as "the Ministry") to be expedient that an authority to which this section applies should enter into any contract for any one or more than one of the following purposes:-

(a) the erection or supply of buildings wholly or partly of a specialised or proprietary form of construction;
(b) the provision of services or ancillary works connected with the buildings referred to in the last preceding paragraph;
the Ministry may declare that contract to be an approved contract for the purposes of this section.

(3) Where a contract is declared to be an approved contract for the purposes of this section it shall not be obligatory, notwithstanding anything contained in any enactment, for the authority entering into that contract -

(a) to give public notice of the nature or purpose of that contract; or
(b) to invite tenders for the execution of that contract.
Rates of salary for certain teachers.

4.-(1) The power of the Ministry under section eighty-three of the principal Act to prescribe rates of salaries for teachers shall extend to the making of regulations to implement the provisions of the Quin Report.

(2) Without prejudice to the generality of subsection (1) of this section, regulations made by virtue of this section may provide for:-

(a) the repayment, by a teacher who undertakes to do so, of an amount equal to any allowance received by that teacher in respect of:-
(i) a university degree (or other qualification adjudged by the Ministry to be equivalent thereto) obtained otherwise than as a result of full-time attendance at a university or college; and
(ii) any period after the thirty-first day of March, nineteen hundred and forty-eight;

[page 4]

(b) deeming the salary which has been paid to any teacher who undertakes to repay any allowance referred to in paragraph (a) to have been reduced, in respect of the period referred to in sub-paragraph (ii) of that paragraph, by the amount of that allowance;

(c) the deduction of the amount of any repayment referred to in paragraph (a) from:-

(i) the salary of a teacher paid by the Ministry;
(ii) any grant paid by the Ministry to the school authority by whom a teacher is paid;
(iii) any payment or benefit payable to a. teacher or his legal personal representatives under or by virtue of the Act of 1950.

(3) Where in accordance with any regulation made by virtue of this section the salary which has been paid to a teacher is deemed to have been reduced in respect of any period, that reduced salary shall, for the purposes of the Act of 1950 be regarded as having been paid to that teacher in respect of that period.

(4) Where in accordance with any regulation made by virtue of this section:-

(a) a teacher gives an undertaking for the repayment of an allowance referred to in paragraph (a) of sub-section (2) of this section; or
(b) the Ministry makes a deduction from any payment or benefit payable to a teacher or his legal personal representatives under or by virtue of the Act of 1950;
that undertaking or deduction shall not be regarded for the purposes of sub-section (3) of section seventeen of the Act of 1950 as an assignment of or charge on any superannuation allowance or gratuity or any sum payable under Part I of the Act of 1950.

(5) In this section -

1950, c. 33

"the Act of 1950" means the Teachers (Superannuation) Act (Northern Ireland), 1950;


[page 5]

"the Quin Report" means the report presented to the Minister of Education on the twenty-first day of November, nineteen hundred and fifty-one by a committee appointed to consider the salaries of teachers.

Expenses.

5. Any increase attributable to the provisions of this Act in the expenses to be defrayed out of moneys provided by Parliament under section one hundred and eight of the principal Act shall be defrayed out of moneys so provided.

Interpretation.

6.-(1) In this Act, unless the context otherwise requires, the following expressions have the meanings assigned to them, that is to say:-

"the Ministry" has the meaning assigned to that expression by sub-section (2) of section three of this Act;

"the principal Act" means the Education Act (Northern Ireland), 1947.

(2) Any reference in this Act to any provision of any other Act shall, unless the context otherwise requires, be construed as a reference to that provision as amended by or under any other enactment, including this Act.

Short title, construction and citation.

7.-(1) This Act may be cited as the Education (Miscellaneous Provisions) Act (Northern Ireland), 1952.

(2) This Act shall be construed as one with the Education Acts (Northern Ireland), 1947 to 1951, and those Acts and this Act may be cited together as the Education Acts (Northern Ireland), 1947 to 1952.